News Article

Bus driver dismissed for breach of policy on mobile phone use while driving.

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In Ruparell v East London Bus & Coach Co Ltd, an employment tribunal held that the dismissal of a bus driver who was seen holding his mobile phone while exiting a bus stand, in breach of the employer’s very strict (and clearly communicated) mobile phone rules, was fair. 

A bus driver was parked on a stand at the end of his route, with the engine switched off and no passengers aboard. 

He took out his mobile phone to set the alarm, and fell asleep thinking the alarm was set. He woke up abruptly only to realise that he had missed his scheduled departure time because the alarm did not go off. 

CCTV footage showed the claimant starting his engine and moving off with his mobile phone in his hand. While the bus was moving, he took both hands off the steering wheel to put the phone into his pocket. He then put one hand back on the wheel to secure the phone with his other hand. 

The employment tribunal upheld the bus company’s decision to dismiss the claimant, who was already on a final disciplinary warning. 

The employment tribunal took into account the employer’s strict and clearly communicated ban on mobile phone use, which included a prohibition on the “visible presence” of mobile phones in the cab area. 

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